Lawyers', human rights groups lament US sanctions on International Criminal Court judges

In a recent statement, Lawyers’ Rights Watch Canada (LRWC) asked Canada to end its silence regarding the US government’s sanctions against jurists of the International Criminal Court (ICC) and the United Nations (UN) Human Rights Council’s special procedures. 

LRWC brought attention to the pattern of US-imposed sanctions. The non-governmental organization called these sanctions unlawful and retaliatory measures that apparently aimed to: 

• Systematically obstruct the ICC’s efforts 
• Ensure impunity for officials of the US, Israel, and other US allies from accountability for suspected war crimes, crimes against humanity, and genocide 
• Punish, intimidate, silence, and discourage ICC officials from performing their lawful duties under the Rome Statute to investigate, determine, and remediate grave international crimes 
• Deter the Rome Statute’s states parties from fulfilling their obligations to uphold the ICC’s work 

“The U.S.’s relentless assault on the ICC’s mandate not only seeks to undermine decades of hard work to bring perpetrators of the world’s worst crimes to justice, it also empowers war criminals and fails victims globally,” said Ketty Nivyabandi, secretary general of Amnesty International Canada’s English-speaking section, in the human rights organization’s press release. 

Recommendations

In its statement, LRWC encouraged Canada to take immediate and effective measures to: 

• Denounce the US government’s sanctions against the ICC prosecutor, deputy prosecutors, and judges, as well as the UN Human Rights Council’s special rapporteur on the Occupied Palestinian Territories 
• Ask the US to revoke its sanctions and desist from further sanctions 
• Take firm and clear stances and measures against intimidation, threats, attacks, or reprisals targeting ICC officials or UN human rights mechanisms or mandate holders 
• Refuse to cooperate with implementing sanctions that would violate the privileges and immunities of all UN Human Rights Council special procedures mandate holders under the Convention on the Privileges and Immunities of the United Nations, or sanctions against ICC officials and judges that would breach art. 70 of the Rome Statute 
• Insist that the US meet its international law obligations, including those arising from the UN Convention to Prevent and Punish the Crime of Genocide and the UN Charter, which aims to protect human rights and the international rule of law 
• Respect all rulings of the International Court of Justice and the ICC, including by implementing ICC arrest warrants 
• Affirm all multilateral obligations under international human rights law, including the rights to free expression and due process under the International Covenant on Civil and Political Rights, as well as international human rights standards obligating all states to ensure that judges, prosecutors, lawyers, and human rights defenders can execute their legitimate functions without interference, intimidation, hindrance, or harassment 

“Canada must take urgent national-level measures to counter the application and effect of the U.S. sanctions in Canada,” Nivyabandi said in Amnesty International Canada’s press release. “It should urgently consider adopting laws that would mitigate or ‘block’ the effect of any sanctions in its national jurisdiction, thereby protecting all those engaging with the International Criminal Court and its officials in Canada.” 

“Canada must strengthen the International Criminal Court by fully cooperating with its mandate, including by executing all ICC arrest warrants, without exception,” added France-Isabelle Langlois, executive director of Amnistie internationale Canada francophone, in the press release. “That obligation extends to individuals accused of war crimes, including former Sudanese President Omar al-Bashir, Israeli Prime Minister Benjamin Netanyahu, and Russian President Vladimir Putin.” 

More on sanctions

According to the LRWC, since Feb. 7, the US government has issued sanctions against the ICC prosecutor, two deputy prosecutors, six ICC judges, and UN special rapporteur Francesca Albanese. LRWC noted that the Canadian government has made no public statements in response. 

Those sanctioned included Kimberly Prost, a Canadian ICC judge, on Aug. 20. Prost presided in a March 2020 appeal case where the ICC authorized the investigation of crimes against humanity and war crimes that allegedly occurred in Afghanistan beginning in May 2003. 

“As a State Party to and a key player in the establishment of the ICC, Canada must stand firmly by the Court and defend its ability to impartially investigate all situations where it has jurisdiction,” Nivyabandi said. “We urge Canada to immediately work to protect Judge Prost and other ICC officials so that they can continue their work without fear or obstruction.” 

In its statement, LRWC noted that Afghanistan and Palestine are Rome Statute state parties. LRWC said the US and Israel, which are not Rome Statute state parties, incorrectly claimed that the ICC lacked jurisdiction in a case involving citizens of countries not party to the treaty. 

LRWC explained that: 

• Under international law, ICC has jurisdiction over Rome Statute crimes in a state party’s territory, regardless of the nationality of the alleged perpetrators or victims 
• Under customary international law, all countries should ensure impartial and independent justice for victims of war crimes, crimes against humanity, and genocide, as well as hold perpetrators accountable